2, see other Art. 912, Sec. 4, eff. Web(a) A person who is a sheriff, chief of police, or constable or a person who otherwise has primary authority for administering a jail commits an offense if the person: (1) has custody of a person subject to an immigration detainer request issued by United States Immigration ABUSE OF OFFICIAL CAPACITY. 558, Sec. 722. 2.28. (b) A state agency or the office of an attorney representing the state shall, when requested in writing by the Attorney General, provide to the Attorney General any record that is needed for purposes of federal habeas review. Webhow to clear the game of life calculator; is prawns good for weight loss. June 14, 1989; Acts 1989, 71st Leg., ch. A disqualification under this subsection applies only to the attorney's access to the criminal investigation pending against the attorney and to any prosecution of a criminal charge resulting from that investigation. 1, eff. (b) An offense under this section is a Class A misdemeanor. 2, eff. Acts 2019, 86th Leg., R.S., Ch. (2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Juvenile Justice Department or placed in a juvenile facility, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance. (a) A commissioned peace officer of a state of the United States of America adjoining this state, while the officer is in this state, has under this subsection the same powers, duties, and immunities as a peace officer of this state who is acting in the discharge of an official duty, but only: (A) the peace officer from the adjoining state has physical custody of an inmate or criminal defendant and is transporting the inmate or defendant from a county in the adjoining state that is on the border between the two states to a hospital or other medical facility in a county in this state that is on the border between the two states; or, (B) the peace officer has physical custody of the inmate or defendant and is returning the inmate or defendant from the hospital or facility to the county in the adjoining state; and, (A) maintain physical custody of the inmate or defendant while transporting the inmate or defendant; or. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras, including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. 2.31. (a-1) A district clerk is exempt from the requirements of Subsections (a)(4) and (5) if the electronic filing system used by the clerk for accepting electronic documents or electronic digital media from an attorney representing the state does not have the capability of accepting electronic filings from a defendant and the system was established or procured before June 1, 2009. 977 (H.B. (5) whether the officer or any other person was injured or died as a result of the incident. September 1, 2007. 1. (d) The attorney general may sue to collect a civil penalty under this article. 18, Sec. Art. PERSON REFUSING TO AID. 1406, Sec. 10, eff. January 1, 2019. The attorney general may sue to collect a civil penalty under this subsection. September 1, 2021. 1, eff. (A) No law enforcement officer shall negligently do any of the following: (1) Fail to serve a lawful warrant without delay. 1, eff. 1420, Sec. 1, eff. (4) the person has met all standards for certification as a peace officer by the Texas Commission on Law Enforcement. 6, eff. June 8, 2007. 604), Sec. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. Not later than the 30th day after the date the court clerk issues the warrant or capias, the sheriff: (1) shall report to the national crime information center each warrant or capias issued for a defendant charged with a felony who fails to appear in court when summoned; and. DUTIES OF ATTORNEY GENERAL. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. Acts 2011, 82nd Leg., R.S., Ch. (a) The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only: (1) Special Agents of the Federal Bureau of Investigation; (2) Special Agents of the Secret Service; (3) Special Agents of the United States Immigration and Customs Enforcement; (4) Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives; (5) Special Agents of the United States Drug Enforcement Administration; (6) Inspectors of the United States Postal Inspection Service; (7) Special Agents of the Criminal Investigation Division of the Internal Revenue Service; (8) Civilian Special Agents of the United States Naval Criminal Investigative Service; (9) Marshals and Deputy Marshals of the United States Marshals Service; (10) Special Agents of the United States Department of State, Bureau of Diplomatic Security; (11) Special Agents of the Treasury Inspector General for Tax Administration; (12) Special Agents of the Office of Inspector General of the United States Social Security Administration; (13) Special Agents of the Office of Inspector General of the United States Department of Veterans Affairs; (14) Special Agents of the Office of Inspector General of the United States Department of Agriculture; (15) Special Agents of the Office of Export Enforcement of the United States Department of Commerce; (16) Special Agents of the Criminal Investigation Command of the United States Army; (17) Special Agents of the Office of Special Investigations of the United States Air Force; and. September 1, 2015. If a law enforcement agency installs video or audio equipment or equips peace officers with body worn cameras as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (3) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01. 900, Sec. September 1, 2017. 459, Sec. Art. Amended by Acts 1997, 75th Leg., ch. 808 (H.B. 1758), Sec. In the military they'd be court martialed. 469 (H.B. 2212), Sec. June 20, 2003. 895 (H.B. 2.33. WRIT OF ATTACHMENT REPORTING. 1136 (S.B. 2.1387. 1, eff. Acts 2013, 83rd Leg., R.S., Ch. 580 (S.B. 384, Sec. 1, eff. Original Source: 1 to 3, eff. Acts 2017, 85th Leg., R.S., Ch. Art. MISUSE OF OFFICIAL INFORMATION. 1, eff. When a prisoner is committed to jail by warrant from a magistrate or court, he shall be placed in jail by the sheriff. FAILURE TO REPORT DEATH OF PRISONER. 1, eff. 10, eff. Acts 2009, 81st Leg., R.S., Ch. While the officer is under no legal obligation to render aid to any one individual, once that officer decides to render aid to a victim, a special relationship may be established (3) the types of documents on which the authenticating officer is authorized to use the governor's facsimile signature. 1237, Sec. 173 (H.B. A memorial to the 19 children and two adults killed in a mass shooting May 24, 2022 at Robb Elementary School in Uvalde is seen Wednesday, Feb. 15, 2023 in front of the school. Boy, are you going to be disappointed when you learn that the US Supreme Court has already ruled the police that you pay taxes to support have absolutely zero obligation to protect you . 1, eff. 341), Sec. Amended by Acts 1967, 60th Leg., p. 1733, ch. 1, eff. 484 (H.B. 2143), Sec. (2) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code. (f) An employee of the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, a juvenile facility, a local juvenile probation department, or a community supervision and corrections department established under Chapter 76, Government Code, a person other than an employee who works for compensation at a juvenile facility or local juvenile probation department, or a volunteer at a juvenile facility or local juvenile probation department commits an offense if the actor engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual who the actor knows is under the supervision of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department but not in the custody of the Texas Department of Criminal Justice, Texas Juvenile Justice Department, probation department, or community supervision and corrections department. May 24, 1999; Subsec. (3) request information from the child and the other person regarding the child's safety, well-being, and current residence. 21.001(1), eff. 24, eff. 4 (S.B. Acts 1965, 59th Leg., vol. (a) In this article: (A) a firearm or any object manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or. (b) Not later than the 30th day after the date of the occurrence of an incident described by Subsection (a), the law enforcement agency employing the injured or deceased officer at the time of the incident must complete and submit a written or electronic report, using the form created under that subsection, to the office of the attorney general. DUTY OF MAGISTRATES. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities; (B) examine the disposition of motor vehicle stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from stops within the applicable jurisdiction; and, (C) evaluate and compare the number of searches resulting from motor vehicle stops within the applicable jurisdiction and whether contraband or other evidence was discovered in the course of those searches; and. 3389), Sec. 580 (S.B. (j) If a request is timely received, the clerk shall deliver the eligible exhibit to the person making the request if the court determines the requestor is the owner of the eligible exhibit. 34), Sec. (d) A special ranger is not entitled to state benefits normally provided by the state to a peace officer. 260 (H.B. September 1, 2017. 39.01. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 1311 (H.B. 20, eff. Texas educators are pushing back against Gov. In addition, 1228), Sec. 4, eff. 1163 (H.B. Acts 2015, 84th Leg., R.S., Ch. 1164 (H.B. 1233), Sec. 277, Sec. Greg Abbott is accusing Homeland Security Alejandro Mayorkas and President Joe Biden of being in dereliction of duty for the migrant crisis at the southern border. REPORTS REQUIRED FOR OFFICER-INVOLVED INJURIES OR DEATHS. (2) the officer knows or should know that the other officer's use of force: (B) puts a person at risk of bodily injury, as that term is defined by Section 1.07, Penal Code, and is not immediately necessary to avoid imminent bodily injury to a peace officer or other person; and. (B) regain physical custody of the inmate or defendant if the inmate or defendant escapes while being transported. 11, eff. 5.04, eff. 939 (S.B. June 17, 2005. Added by Acts 2017, 85th Leg., R.S., Ch. With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this chapter. (d) A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer. 2472), Sec. Art. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Aug. 28, 1967; Acts 1971, 62nd Leg., p. 1116, ch. (c) An offense under this section is a Class B misdemeanor. 122), Sec. 939 (S.B. Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. Aug. 30, 1999. Amended by Acts 1989, 71st Leg., ch. 808 (H.B. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 3201), Sec. (c) A district court, county court, state agency, or office of an attorney representing the state may not restrict or delay the reproduction or delivery of a record requested by the Attorney General under this article. LAW ENFORCEMENT POLICY ON USE OF FORCE BY DRONE. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 1, see other Art. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 3, eff. Art. (f) Repealed by Acts 2019, 86th Leg., R.S., Ch. (d) A railroad peace officer is not entitled to state benefits normally provided by the state to a peace officer. Sept. 1, 1999. 5.02, eff. Greg Abbott (R) and Florida Gov. Acts 2019, 86th Leg., R.S., Ch. 1136 (S.B. (a) Whenever an attorney for the state is disqualified to act in any case or proceeding, is absent from the county or district, or is otherwise unable to perform the duties of the attorney's office, or in any instance where there is no attorney for the state, the judge of the court in which the attorney represents the state may appoint, from any county or district, an attorney for the state or may appoint an assistant attorney general to perform the duties of the office during the absence or disqualification of the attorney for the state. 2.08, eff. June 19, 1983; Acts 1983, 68th Leg., p. 5303, ch. (c) A special ranger may not issue a traffic citation for a violation of Chapter 521, Transportation Code, or Subtitle C, Title 7, Transportation Code. 2018), Sec. 540 (S.B. 40, Sec. Art. 686), Sec. (c) The sheriff or the law enforcement agency, as applicable, shall receive and hold the exhibits consisting of firearms or contraband and release them only to the person or persons authorized by the court in which such exhibits have been received or dispose of them as provided by Chapter 18. Sept. 1, 1975; Acts 1977, 65th Leg., p. 618, ch. 1011 (H.B. (a) The office of the attorney general shall conduct an investigation after receiving a written and signed report, on a form prescribed by the office, asserting that a law enforcement agency failed to submit a report required by Article 2.139 or 2.1395. 4), Sec. Sec. Art. Acts 2021, 87th Leg., R.S., Ch. Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, the criminal law hearing officers for Cameron County appointed under Subchapter BB, Chapter 54, Government Code, the magistrates or associate judges appointed by the judges of the district courts of Lubbock County, Nolan County, or Webb County, the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County, the associate judges appointed by the judges of the district courts and the county courts at law that give preference to criminal cases in Jefferson County, the associate judges appointed by the judges of the district courts and the statutory county courts of Brazos County, Nueces County, or Williamson County, the magistrates appointed by the judges of the district courts and statutory county courts that give preference to criminal cases in Travis County, the criminal magistrates appointed by the Brazoria County Commissioners Court, the criminal magistrates appointed by the Burnet County Commissioners Court, the magistrates appointed by the El Paso Council of Judges, the county judges, the judges of the county courts at law, judges of the county criminal courts, the judges of statutory probate courts, the associate judges appointed by the judges of the statutory probate courts under Chapter 54A, Government Code, the associate judges appointed by the judge of a district court under Chapter 54A, Government Code, the magistrates appointed under Subchapter JJ, Chapter 54, Government Code, the magistrates appointed by the Collin County Commissioners Court, the magistrates appointed by the Fort Bend County Commissioners Court, the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns. Art. Texas Negligence Laws. REPORTS REQUIRED FOR CERTAIN INJURIES OR DEATHS OF PEACE OFFICERS. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment in law enforcement motor vehicles and motorcycles or equipping peace officers with body worn cameras. 93 (S.B. 900, Sec. (h) It is an affirmative defense to prosecution under Subsection (f) that the actor was the spouse of the individual at the time of the offense. 386), Sec. In 1989, the Supreme Court held that the Clause generally does not require the (18) a police officer with the Office of Security and Law Enforcement of the United States Department of Veterans Affairs. 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